Summary Minutes

SUMMARY MINUTES BOARD OF SUPERVISORS 707 NEVADA STREET, SUSANVILLE AUGUST 11, 2009

9:28 A.M. CALL TO ORDER

PRESENT: Supervisors Lloyd Keefer, Bob Pyle, Jim Chapman, Brian Dahle and Jack Hanson; County Counsel Craig Settlemire, County Administrative Officer (CAO) John Ketelsen, Personnel Director/Risk Manager Ron Vossler and Deputy Clerk of the Board Baden Falkowski.

PUBLIC COMMENT: None.

ANNOUNCEMENT OF CLOSED SESSION: CAO John Ketelsen departs for closed session. 1) Conference with Legal Counsel: Significant exposure to Litigation Pursuant to Subdivision (b) of Government Code Section 54956.9 (if needed). 2) Claims- Claim of Faith N. Woodall presented on June 29, 2009. Closed session ends at 9:31 a.m.

9:36 A.M. OPENING CEREMONIES: Following the flag salute, the invocation is offered by Chairman Keefer.

ANNOUNCEMENT OF ITEMS DISCUSSED CLOSED SESSION: Deputy Clerk of the Board Falkowski reports the Closed Session dealt with Claims- Claim of Faith N. Woodall presented on June 29, 2009. On a unanimous vote, the Board voted to reject the claim and give notice of rejection.

AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS: Supervisor Chapman requests the meeting be adjourned in memory of Marcella DeWitt and Yuvonne Fuller. ACTION: Approve agenda with noted change. MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes

PUBLIC COMMENT: 1) Lassen County 4-H Leadership Project members; Cheyenne Ratkey, Hannah Fortin, Rachel Bertotti, Jake Hance, Joe Lavacot, Lisa Kuntz: Addressed the Board on the Cal Focus State Leadership conference they attended in Sacramento on June 26th through June 30th. They learned hands-on the process of how government works. In preparation for the trip they met with Supervisor Pyle and Supervisor Hanson. They toured the Capital and were scheduled to meet with Assemblyman Dan Logue and Senator Dave Cox but due to the State’s budget situation the two were unavailable, instead they met with their respective Chief of Staff where they discussed the status of AB 32 California Global Warming Solutions Act of 2006. In appreciation they gave each Chief of Staff a copy of the book Small Moments In Time. One of the requirements of participation in the Conference was each County had to present a community service plan that benefits the County as a whole. In order to fulfill this requirement the consensus was to update the County’s display at the Capital. The plan is to incorporate various aspects of the County’s history and diversity while giving it a more modern look with a digital picture display. Various members of the community will be assisting in gathering materials and assembling the display. Supervisor Keefer: Thanks the 4-H members for taking the leadership to improve Lassen County’s display at the Capital. Supervisors Hanson and Chapman echo his remarks. Supervisor Chapman: Offers his assistance in providing pictures for the digital display. Supervisor Dahle: Also offers his assistance and provides contact information to the 4-H members. 4-H Leadership Members: Thank Supervisors Pyle and Hanson for purchasing a new 4-H flag to be used to represent Lassen County at 4-H functions. 4-H Chaperone Dawn Ratkey: Expresses appreciation for the current group of 4-H members and takes a picture of them with the Board of Supervisors.

2) Personnel Director/Risk Manager Ron Vossler: Informed the board about upcoming mandatory training on “Preventing Harassment and Other EEO Issues at Work” which is a bi-annual (AB 1825) requirement.

UNAGENDIZED BOARD REPORTS: Supervisor Pyle: 1) Attended a meeting on the possible closure or downsizing of Plumas Bank in Westwood and said he will be discussing possible options for the Westwood branch with the president of Plumas Bank. 2) Attended a community meeting on the closure of the Northeastern Rural Health Clinic in Westwood. Stated that the closures are difficult for the community. Supervisor Dahle: 1) Attended the National Association of Counties (NACo) Conference in Nashville, TN but was unable to attend the presentation for the Lassen Aurora Network due to time constraints. 2) Will be moving from Public Lands to the Energy, Environment and Land Use Steering Committee due to his appointment to Chair. Supervisor Hanson: 1) Attended the Lassen County Local Agency Formation Commission (LAFCO) meeting where topics of discussion included the Lassen Municipal Utility District (LMUD), Municipal Services Review (MSR) and sphere of influence. Maps need to be corrected before a vote to approve documents can be made. 2) Spent a lot of time working on the Flanigan/ Wendal Railroad line issue; appreciates staff’s diligence and assistance on the matter. Supervisor Keefer: 1) Will be attending the next Fair Advisory meeting. 2) Attended the LAFCO meeting along with Supervisor Hanson and Supervisor Chapman. Thanks Supervisor Chapman for the historical background he was able to provide at the meeting on the eligibility of who can run for the LMUD Board.

CONSENT CALENDAR Supervisor Chapman requests to have item G2 Probation Department amendment and item G3 Probation Department resolution and contract be removed from consent for separate consideration. ACTION: Take the noted action on the following Consent Calendar items: MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes

COUNTY CLERK ITEM Approve minutes of July 14, 2009.

PUBLIC WORKS DEPARTMENT ITEM- ROAD DIVISION Award bid to Atlas Contractors, Inc., Sparks, NV in the amount of $54.90 per ton (not to exceed 2500 tons or $148,573.12 w/tax) for the Standish area and Sierra Cascade Aggregate and Asphalt Products, Chester, CA in the amount of $59.12 per ton (not to exceed 1500 tons or $95,996.10 w/tax) for the Susanville area for "Asphalt Concrete (1/2" max. med. PG Grade 64-28)," the lowest bidders meeting the requirements considering transportation costs to haul material from the plant to the individual jobs sites.

PUBLIC WORKS DEPARTMENT ITEM- ROAD DIVISON Approve the execution of Program Supplement Agreement No. N033 to Administering Agency- State Agreement for Federal-Aid Projects No. 02-5907R for the Termo-Grasshopper Road overlay project and the corresponding Resolution No. 09-40 and authorize the Chairman to sign.

MISCELLANEOUS CORRESPONDENCE ITEMS Receive and file the following correspondence: a. Lassen County Transportation Commission and Lassen Transit Service Agency special joint meeting agenda for August 3, 2009. b. Susanville City Council, Susanville Community Development Agency, Susanville Municipal Energy Corporation and Susanville Public Financing Authority regular meeting agenda for August 5, 2009. c. PSA 2 Area Agency on Aging meeting agenda for July 31, 2009 and notice of cancellation of meeting for August 3, 2009. d. Lassen County Mental Health Advisory Board meeting agenda for August 10, 2009. e. Lassen County Planning Commission meeting agenda for August 5, 2009. f. Local Agency Formation Commission of Lassen County regular meeting agenda for August 10, 2009. g. Lassen County Technical Advisory Committee meeting agenda for August 12, 2009. h. Lassen County Budget & Legislative Committee meeting minutes of July 9, 2009, July 16, 2009 and July 23, 2009 and the unapproved meeting minutes of July 29, 2009.

PROBATION DEPARTMENT- AMENDMENT ACTION: Approve and authorize the Chairman and the Clerk of the Board to sign First Amendment to current agreement with Bar-O-Boys Ranch for placement of Lassen County youth with a juvenile court commitment to a camp. This agreement increases the monthly rate from $3,350 to $3,500 per month. MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: No AYES: Keefer, Pyle, Dahle, Hanson ABSTENTIONS: None NOES: Chapman ABSENTEES: None

PROBATION DEPARTMENT- RESOLUTION AND CONTRACT ACTION: Authorize the Chief Probation Officer or appointed designee to sign Youth Authority contract with the California Department of Corrections and Rehabilitation (CDCR) for diagnostic studies (Juvenile/ Criminal) and temporary detention for Fiscal Year 2009/2010 and adopt Resolution No. 09-041 authorizing Chief Probation Officer to sign agreement and extensions or amendments. MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: No AYES: Keefer, Pyle, Dahle, Hanson ABSTENTIONS: None NOES: Chapman ABSENTEES: None

PUBLIC HEARING- ALLIANCE FOR WORKFORCE DEVELOPMENT, INC. SUBJECT: Energy Efficiency Conservation Block Grant. ACTION REQUESTED: Support of application for stimulus.

The Public Hearing is opened at 10:01 a.m.

Executive Director of the Alliance for Workforce Development and Lassen Carrier Network Traci Holt: Presents staff report on the Energy Efficiency Conservation Block Grant (EECBG). States there has been a slight adjustment to the proposed funding for Lassen County from the California Energy Commission (CEC). Introduces Assistant Director of Northern Rural Training and Employment Consortium (NoRTEC) Stewart Knox and provides supplemental material to the Board. Wants to make known that funding is available for Lassen County and the City of Susanville for energy efficiency related projects through a grant from the CEC. NoRTEC is looking to take a regional collaborative approach to pursue the grant funding; the CEC is requesting that counties and cities take that sort of approach to make the grant process more manageable. Supervisor Chapman: States that he had requested this issue be brought before the Board due to the fact that although he is the representative for the Board at NoRTEC, he can’t represent on behalf of the County on this issue because the requirements for the application are such that it needs to be an action by the Board. He gives some background on how this issue has progressed and the positive funding situations that have come as a result of working with NoRTEC. Feels NoRTEC is well positioned to handle a collaborative investment of resources, acknowledges that the County may opt to handle it on its own. Believes the grant is designed to be more of a regional effort, rather then a standalone one. Encourages the Board to give consideration to the stimulus application. Assistant Director of NoRTEC Stewart Knox: Presents background on how funding from the EECBG has been distributed and used by other rural cities and counties in the area. NoRTEC would like to have the 28 cities and 11 rural counties they represent combined for the application process. Supervisor Chapman: Raises the issue that there are many community partners in both the public and private sector that offer similar services and programs, does not want to see the efforts of NoRTEC become duplicative or competitive with community partners who already have effective programs. Sees the need for coordination, NoRTEC should be used to fill in areas that aren’t already covered by existing programs in the County rather than compete. Executive Director Traci Holt: Reiterates that they do not want to duplicate services. They are looking to assist the entities that are eligible or may already be receiving stimulus funds in order to maximize funding in Lassen County. For example, if approached from a regional level the Energy Efficiency Grant can use stimulus funds from the One-Stop to assist local governments to complete efficiency projects. Supervisor Hanson: Questions if this funding is the same funding that Economic Development is seeking to pursue. Discussion is held.

No one speaks in favor or opposition to the proposal. The Public Hearing is closed at 10:17 a.m.

After further discussion, the possibility that the agenda item for Alliance for Workforce Development on the Energy Efficiency Conservation Block Grant (D2) and Economic Development’s item on a Technical Assistance Grant (H1) might be seeking the same funds. For this reason it is decided to hear both items and continue any decision to the next meeting.

COMMUNITY DEVELOPMENT DEPARTMENT- ECONOMIC DEVELOPMENT/HOUSING SUBJECT: Technical Assistance grant from the California Energy Commission's Energy Partnership Program and the Energy Efficiency and Conservation Block Grant (EECBG) Program of the California Energy Commission (CEC). ACTION REQUESTED: Adopt a resolution making an application for a Technical Assistance grant from the California Energy Commission's Energy Partnership Program for the Herlong Community Building (Building 2067) and authorizing execution of contracts and related documents, if funded.

Assistant Development Specialist for Community Development Jenna Aguilera: Presents staff report on an application for the Energy Partnership Program that would be used to apply for a Technical Assistance grant for a feasibility study on Building 2067, the feasibility study would then be used to apply for the EECBG Program. The feasibility study would show how cost effective energy efficient upgrades would be for Building 2067, this is a necessary requirement of the EECBG program application process.

Discussion is held. Due to the similarities of the agenda items D2 and H1, it is decided to carry over the decision on the matter till next week. Assistant Development Specialist Jenna Aguilera: Points out that the Energy Partnership Program is a different subsidy of the CEC. This application is for a feasibility study that is used for the EECBG application and they are different forms of assistance.

LASSEN COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY The Board of Supervisors adjourns and re-convenes as the Lassen County Housing Authority Board of Commissioners.

VACANCIES ACTION: Appoint Julia Kranz to fill vacancy on In-Home Supportive Services Advisory Board of County employee member due to the resignation of Jackie Musick. MOVED BY: Dahle SECONDED BY: Pyle UNANIMOUS: Yes

Lassen County Housing Authority Board of Commissioners adjourns and re-convenes as the Board of Supervisors.

LASSEN COUNTY CHILDREN AND FAMILIES COMMISSION VACANCIES ACTION: 1) Accept resignation from Barbara L. Malone as Section 1 Representative and appoint Joanna Zimmermann. 2) Accept resignation from Kathleen A. Colvin as Section 1 Alternate and appoint Wendy Blackmon. MOVED BY: Pyle SECONDED BY: Dahle UNANIMOUS: Yes

COMMUNITY DEVELOPMENT DEPARTMENT- ECONOMIC DEVELOPMENT/HOUSING CAO Ketelsen presents proposed Memorandum of Understanding (MOU) between the Fort Sage Unified School District, the Susanville Indian Rancheria and Lassen County to contribute $5,000 each to pay for the Environmental Protection Agency (EPA) grant application process. Discussion is held. County Counsel Settlemire adds that regarding the property received from the Federal Government, the Federal Government is still liable for any clean up costs. This MOU will be used to generate the phase 1 and phase 2 environmental reports that a purchaser of the property would be interested in seeing due to the fact that it may reveal the need for additional work. Under further discussion Supervisor Chapman gives a brief history of other similar projects and points out the potential costs of dealing with these types of issues. ACTION: Approve Memorandum of Understanding (MOU) between the County of Lassen, the Fort Sage Unified School District and the Susanville Indian Rancheria authorizing the development and submittal of a joint grant application to the Environmental Protection Agency (EPA) for funding to conduct hazardous waste analyses and remediation within the jurisdictional boundaries of the cooperating entities and authorize the CAO to sign. MOVED BY: Dahle SECONDED BY: Hanson UNANIMOUS: Yes

COUNTY CLERK MINUTES ACTION: Approve Minutes of July 21, 2009. MOVED BY: Dahle SECONDED BY: Pyle UNANIMOUS: Yes

COUNTY ADMINISTRATIVE OFFICE- FLANIGAN/ WENDEL RAILROAD CAO Ketelsen: Gives a brief synopsis on the Flanigan/ Wendel railroad. States that a number of things have started to come together that could make the acquisition work. 1) Lassen County has met with Honey Lake Power and a potential developer of a meat packing plant, both of whom have expressed interest in the county preserving the railroad line. 2) Rail Road Industries, Inc. has been hired and has appraised the railroad line at a higher value than the purchase price being asked for by Union Pacific Railroad Company (UPRR). 3) A and K (otherwise known as V and S) Railways LLC (V & S) has been identified as a potential buyer and would keep the railroad line for at least one year. They would work with the potential shippers to keep the line operational and economically viable, or if nothing comes together after one year the line would be salvaged. CAO Ketelsen suggests adding to the letter in support of the acquisition wording that indicates “it is our understanding that the potential shippers and V & S have agreed that the railroad will be upgraded and maintained for shipping for at least a year”. This should allay any fears that UPRR would have that V & S is only acquiring the railroad in order to salvage it and controlling UPRR’s ability to competitively bid the salvage. CAO Ketelsen then read an email received from V & S that summarized their position with respect to the acquisition. Discussion is held. Ralph Sanders Honey Lake (HL) Power Company: States he also received the email from V & S and is comfortable with the current commitment being expressed. Regarding the letter the County will be sending, he would encourage that it be enhanced in its message that the railroad line should remain in place as CAO Ketelsen suggested. He is certain that UPRR will ask HL Power Company to provide a letter along the same lines. ACTION: Approve letter supporting acquisition by V & S Railways LLC with enhancements on keeping the railroad line in place. MOVED BY: Hanson SECONDED BY: Chapman UNANIMOUS: Yes

INFORMATION FOR THE BOARD OF SUPERVISORS CAO Ketelsen: 1) The Williamson Act has been removed from the State budget by the governor’s blue pencile. There will be some state-wide conference calls addressing what should be done regarding the Williamson Act and the issue will come back to the Board as to what should be done in the future as a result. Cal Works and Welfare programs have also been affected by the blue pencil process, causing Health and Social Services (H & SS) to re-adjust their budget for the third time this year. 2) Proposition 1A, which allows the state to go after 8% of the property tax has been gaining momentum. This Proposition would affect not only the County but also any cities and fire districts that receive property tax revenue. The way that it is supposed to work is that the obligation to repay the property tax borrowed by the State within three years, will be memorialized to each of the entities from whom the money is taken. That evidence of obligation to repay will then be tendered to a Joint Powers Agreement (JPA). The offer can be kept by the County and used to fund the cash reserves. However, due to the States IOU situation, it is staff’s recommendation not to go with that option. Instead, it is suggested that when we receive evidence of the obligation on the part of the State to pay within three years, we would tender that to a JPA agency that is already in existence formed by the California State Association of Counties (CSAC) and the League of California Cities. The agency would then use that obligation to back a bond issue. The bond issue would then pay the money that would have ordinarily been received from the property tax revenue. The plan would allow the County to receive 100% of the money up front, but it is still contingent on the Legislature passing a bill promising to augment the amount of money that would get paid back by not only the interest, but the cost of issuing the bonds as well.

CORRESPONDENCE WINDJAMMER CABLE ACTION: Received and filed Windjammer Cable announcement of the addition of several new High Definition networks to their cable lineup. ADJOURNMENT IN MEMORY There being no further business, the meeting is adjourned at 11:08 a.m. in memory of Marcella Dewitt and Yuvonne Fuller.

______Chairman of the Board of Supervisors

ATTEST:

______Baden Falkowski, Deputy Clerk of the Board